Terms and Conditions
These general terms and conditions ("Terms") of Bevande s.r.o., registered at Vinořská 357, Přezletice, 25073, Company ID: 24820601, registered in the Commercial Register kept by the Municipal Court, Section C, Insert 177369, email info@bevande.cz, phone number +420 606 550 017, ("We" or "Seller") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations between you, as buyers, and us, as sellers, arising from or based on a purchase contract ("Contract") concluded through the e-shop on the website www.bevande.cz.
All information about the processing of your personal data is contained in the Privacy Policy, which you can find here www.bevande.cz/podminky-ochrany-osobnich-udaju/
The provisions of these Terms form an integral part of the Contract. The Contract and Terms are executed in the Czech language. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect rights and obligations arising during the validity of the previous version of the Terms.
As you surely know, we communicate primarily remotely. Therefore, also for our Contract, it applies that means of remote communication are used, which allow us to agree without the simultaneous physical presence of both parties, and the Contract is thus concluded remotely in the e-shop environment via the website interface ("web interface of the e-shop").
If any part of the Terms contradicts what we have mutually agreed upon during your purchase process on our e-shop, the specific agreement shall prevail over the Terms.
1. DEFINITIONS
1.1. Price is the monetary amount you will pay for the Goods;
1.2. Delivery Price is the monetary amount you will pay for the delivery of the Goods, including packaging costs;
1.3. Total Price is the sum of the Price and Delivery Price;
1.4. VAT is value added tax according to applicable legislation;
1.5. Invoice is a tax document issued in accordance with the VAT Act for the Total Price;
1.6. Order is your binding proposal to conclude a Contract for the purchase of Goods with Us;
1.7. User Account is an account created based on your provided data, allowing you to save entered data and track the history of ordered Goods and concluded Contracts;
1.8. You are the person shopping on Our e-shop, legally referred to as the buyer;
1.9. Goods means everything you can purchase on the e-shop.
2. GENERAL PROVISIONS AND INFORMATION
2.1. Goods can only be purchased through the e-shop web interface.
2.2. When purchasing Goods, it is your duty to provide all information truthfully and accurately. The information you provide in the Order will be considered accurate and truthful by Us.
2.3. On our e-shop, we also provide access to product reviews made by other customers. The authenticity of such reviews is ensured and verified by linking the reviews to specific orders—each review is associated with an order ID in our internal system, allowing us to verify and confirm the review came from a real customer.
3. CONCLUSION OF CONTRACT
3.1. The Contract with Us can only be concluded in Czech or Slovak.
3.2. The Contract is concluded remotely via the e-shop, with you bearing the costs for the use of remote communication means. These costs are no different from your regular internet or phone usage costs; no additional charges will be imposed by Us beyond the Total Price. By submitting an Order, you agree to the use of remote communication.
3.3. To conclude the Contract, you need to create an Order on the e-shop. The Order must include the following details:
- Information about the Goods being purchased (on the e-shop, you mark the desired Goods with the "Add to Cart" button);
- Information about the Price, Delivery Price, method of payment for the Total Price, and the requested delivery method; these details will be provided as part of the Order process in the e-shop interface, and the Price, Delivery Price, and Total Price will be automatically generated based on your selection of Goods, delivery, and payment method;
- Your identification and contact details, especially name, surname, delivery address, phone number, and email address.
3.4. During the Order creation process, you may revise and edit the data until the Order is finalized. The Order is completed by clicking the "Order with obligation to pay" button. Before clicking this button, you must confirm your acknowledgment and agreement with these Terms, otherwise it will not be possible to complete the Order. Confirmation is done via a checkbox. Once you click the "Order with obligation to pay" button, all the data you entered is sent directly to Us.
3.5. We will confirm your Order as soon as possible by sending a confirmation message to the email address you provided in the Order. The confirmation includes a summary of the Order and these Terms as an attachment. The version of the Terms effective at the time of the Order (attached to the confirmation email) becomes an integral part of the Contract. The Contract is concluded upon our confirmation of the Order.
3.6. There may be cases when we cannot confirm your Order, particularly if the Goods are unavailable or if you ordered a larger quantity than permitted. We will always provide information about any quantity limits on the e-shop beforehand. If we cannot confirm the Order, we will contact you and send an amended offer. The Contract is concluded when you accept our new offer.
3.7. If an obviously incorrect Price is listed on the e-shop or in the Order (e.g., a price that significantly deviates from standard retail prices or contains a clear typographical error), we are not obliged to deliver the Goods at that Price, even if we have confirmed your Order and the Contract was technically concluded. In this case, we will contact you immediately and offer a revised Contract. The new Contract will be concluded when you accept our revised offer.
3.8. Once the Contract is concluded, you are obliged to pay the Total Price.
3.9. If you have a User Account, you may place an Order through it. You are still responsible for verifying the accuracy and completeness of pre-filled information. The Order creation process is otherwise the same, but you save time by not having to re-enter your personal details.
3.10. In some cases, we may allow you to use a discount when purchasing Goods. To apply the discount, enter the discount information into the designated field during the Order process. If you do this, the Goods will be provided with the discount applied.
4. USER ACCOUNT
4.1. Based on your registration in the E-shop, you can access your User Account.
4.2. When registering the User Account, you are obliged to provide all the entered data correctly and truthfully and update it in case of changes.
4.3. Access to the User Account is secured with a username and password. You are responsible for maintaining confidentiality regarding these access credentials and not disclosing them to anyone. We are not responsible for any misuse of the account caused by a breach of this obligation.
4.4. The User Account is personal, and you are not entitled to allow its use by third parties.
4.5. We may cancel your User Account, especially if you have not used it for more than 2 years, or if you breach your obligations under the Contract.
4.6. The User Account may not be available continuously, especially due to necessary maintenance of hardware and software equipment.
5. PRICING AND PAYMENT TERMS, RETENTION OF TITLE
5.1. The Price is always stated on the E-shop, in the Order proposal, and naturally in the Contract. In the event of a discrepancy between the Price displayed on the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall prevail, which is always identical to the Price in the Contract. The Order proposal also includes the Delivery Price and any conditions for free delivery.
5.2. The Total Price is inclusive of VAT and all other statutory fees.
5.3. We will request payment of the Total Price after the conclusion of the Contract and before delivery of the Goods. Payment can be made using the methods listed at www.bevande.cz/doprava-a-platba/.
5.4. An invoice will be issued electronically after the Total Price is paid and sent to your email address. The invoice will also be accessible in your User Account.
5.5. Ownership of the Goods passes to you only after the Total Price has been paid and the Goods have been received. In the case of bank transfer, the Total Price is considered paid once it is credited to Our account; in other cases, it is considered paid upon completion of the transaction.
6. DELIVERY OF GOODS, TRANSFER OF RISK
6.1. The Goods will be delivered to you in the shortest possible time according to your selection, from the options available at www.bevande.cz/doprava-a-platba/.
6.2. Delivery is available only within the Czech Republic and Slovakia.
6.3. Delivery time depends on product availability and the selected delivery and payment methods. For personal pickup, you will be notified via email when the Goods are ready for collection.
6.4. Upon receiving the Goods from the carrier, it is your responsibility to check the packaging for damage. Any issues must be immediately reported to the carrier and Us. If there is visible damage indicating tampering or unauthorized access, you are not obliged to accept the shipment.
6.5. If you fail to accept the Goods (except in cases stated in clause 6.4), it does not relieve Us of our obligation to deliver the Goods, nor does it constitute withdrawal from the Contract. In such cases, We may withdraw from the Contract due to your substantial breach or store the Goods at your expense. The withdrawal becomes effective upon delivery of notice to you. Withdrawal does not affect Our right to compensation for delivery or any damages.
6.6. If the Goods must be redelivered or delivered differently due to reasons on your side, you are obliged to pay the costs associated with such redelivery. Payment details will be sent to your email address and are due within 14 days.
6.7. The risk of damage to the Goods passes to you at the moment you receive them. If you fail to accept the Goods (except as per clause 6.4), the risk passes at the moment you had the opportunity to accept them. From this point, you bear all consequences related to loss, destruction, damage, or depreciation of the Goods.
6.8. If the Goods were not listed as in stock and an estimated availability time was provided, we will inform you in the event of:
- extraordinary production delays, providing a new expected availability time or notifying that delivery is not possible;
- delays from our supplier, providing a new expected delivery date.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. We guarantee that at the time the risk of damage to the Goods passes to you in accordance with Clause 6.7 of the Terms, the Goods are free from defects, in particular that the Goods:
- comply with the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
- are suitable for the purpose for which you require them and to which we agree;
- are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;
- are suitable for the purpose for which Goods of this type are usually used;
- in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of Goods of the same type that you can reasonably expect, even with regard to public statements made by us or another person in the same contractual chain, especially through advertising or labeling;
- are delivered with accessories, including packaging, assembly instructions, and other instructions for use that you can reasonably expect; and
- correspond in quality or design to the sample or template that was provided to you before the contract was concluded.
7.2. The rights and obligations regarding defective performance are governed by the relevant generally binding legal regulations (especially Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.3. If the Goods have a defect, particularly if one of the conditions in Clause 7.1 is not met, you may notify us of such defect and exercise the rights arising from defective performance (i.e., claim the Goods) by sending an email or letter to our addresses listed in Our identification details. You may also use the sample claim form provided by Us, which forms Annex No. 1 of the Terms. When exercising the right from defective performance, you must choose how you want the defect resolved, and this choice cannot be changed without our consent. We will handle the claim in accordance with the right you assert from defective performance.
7.4. If the Goods have a defect, you have the following rights:
- to have the defect removed by delivering new Goods without defects or delivering the missing part of the Goods; or
- to have the defect removed by repairing the Goods,
unless the selected method of removing the defect is impossible or disproportionately expensive compared to the other method, which shall be assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be removed by the other method without significant difficulty for you.
7.5. We are entitled to refuse to remove the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the Goods would have without the defect.
7.6. You also have the right to:
- a reasonable discount from the Price; or
- withdraw from the Contract,
if:
- we refuse to remove the defect or do not remove it in accordance with legal regulations;
- the defect occurs repeatedly,
- the defect is a substantial breach of the Contract; or
- it is evident from our statement or the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to you.
7.7. The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.
7.8. If you caused the defect in the Goods yourself, you are not entitled to rights from defective performance.
7.9. Wear and tear of the Goods caused by normal use or wear and tear consistent with the level of previous use for used Goods is not considered a defect.
7.10. When making a claim, we will issue a written confirmation indicating:
- the date the claim was made;
- the content of the claim;
- the method of handling the claim you request;
- your contact details for the purpose of providing information on the handling of the claim.
7.11. Unless we agree on a longer period, we will remove the defects and provide you with information about the resolution of the claim at the contact details provided within 30 days of receiving the claim. If this period expires in vain, you may withdraw from the Contract or demand a reasonable discount.
7.12. We will inform you about the resolution of the claim by email and provide you with a confirmation of the date and method of the claim resolution. If the claim is justified, you are entitled to reimbursement of reasonably incurred costs. You are required to prove these costs, e.g., with receipts or confirmations of delivery costs. If the defect was removed by delivering new Goods, you are obliged to return the original Goods to Us, but We will cover the cost of this return.
7.13. If you are an entrepreneur, you are obliged to notify and point out the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.
7.14. If you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months of receiving the Goods.
8. WITHDRAWAL FROM THE CONTRACT
8.1. Withdrawal from the Contract, i.e. the termination of the contractual relationship between Us and You from its beginning, may occur for reasons and in ways stated in this Article or in other provisions of the Terms where the possibility of withdrawal is explicitly stated.
8.2. If you are a consumer, i.e. a person purchasing Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Contract, or in the case of purchasing goods, within fourteen days from receiving the goods, in accordance with Section 1829 of the Civil Code. If we have concluded a Contract that involves multiple pieces of Goods or delivery of several parts of Goods, this period starts upon delivery of the last piece or part of the Goods, and in the case of a Contract for regular and repeated delivery of Goods, the period begins on the day of the first delivery.
8.3. You may withdraw from the Contract by any demonstrable means (especially by sending an email or letter to our addresses listed in Our identification details). You may also use the sample withdrawal form provided by Us, which forms Annex No. 2 to the Terms.
8.4. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is performance referred to in Section 1837 of the Civil Code.
8.5. The withdrawal period according to Article 8.2 of the Terms is deemed met if you send us the notice of withdrawal during this period.
8.6. In the event of withdrawal from the Contract under Article 8.2 of the Terms, you are obliged to send the Goods back to Us within 14 days of withdrawal and bear the costs associated with returning the Goods to Us. You are, however, entitled to receive a refund of the Delivery Price, but only in the amount corresponding to the cheapest delivery method we offered. If you withdraw due to our breach of the Contract, we also cover the cost of returning the Goods to Us, again only up to the amount corresponding to the cheapest offered delivery method.
8.7. If you withdraw from the Contract, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was credited or to an account you specify in the withdrawal. However, the amount will not be refunded before we receive the Goods or you prove that you have sent them back to Us. Please return the Goods clean and, if possible, in their original packaging. If the buyer requests a postal money order for the refund, the Seller is entitled to offset the increased costs.
8.8. If you withdraw from the Contract under Article 8.2 of the Terms, you are liable for any reduction in the value of the Goods resulting from handling the Goods in a way other than necessary to familiarize yourself with their nature, properties, and functionality, i.e. in a manner you would use in a physical store. If we have not yet refunded the Price, we are entitled to offset our claim for compensation against your refund claim.
8.9. We are entitled to withdraw from the Contract at any time before delivering the Goods to you if there are objective reasons why the Goods cannot be delivered (especially due to third-party issues or the nature of the Goods), even before the expiry of the period stated in Article 6.9 of the Terms. We may also withdraw from the Contract if it is evident that you intentionally provided incorrect information in the Order. If you purchase the Goods as part of your business activity, i.e. as a business customer, we are entitled to withdraw from the Contract at any time without providing a reason.
9. DISPUTE RESOLUTION WITH CONSUMERS
9.1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.
9.2. Consumer complaints are handled via the electronic address info@bevande.cz. We will send information about the resolution of the complaint to the buyer’s email address.
9.3. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: http://www.coi.cz, is competent for out-of-court consumer dispute resolution from the Contract. The platform for online dispute resolution located at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the Seller and a buyer who is a consumer from a purchase contract concluded electronically.
9.4. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on online dispute resolution for consumer disputes).
10. FINAL PROVISIONS
10.1. If our legal relationship with you contains an international element (e.g. we will deliver Goods outside the Czech Republic), the relationship shall always be governed by the laws of the Czech Republic. If, however, you are a consumer, your rights under applicable legal regulations are not affected by this arrangement.
10.2. All written correspondence between Us and You will be delivered via electronic mail. Our email address is listed in Our identification details. We will deliver correspondence to your email address provided in the Contract, in the User Account, or via which you contacted us.
10.3. The Contract can only be amended by our written agreement. However, we are entitled to unilaterally change and supplement these Terms. Such changes do not affect already concluded Contracts but only those concluded after the new Terms become effective. We will inform you about such changes only if we are delivering Goods to you regularly and repeatedly under the Contract. We will send information about the change to your email address at least 14 days before the change takes effect. If we do not receive a termination notice from you within 14 days of sending the information about the change, the new Terms become part of our Contract and apply to the next delivery of Goods after the change takes effect. The notice period is 2 months if you give notice.
10.4. We shall not be liable for damage caused as a result of or in connection with events of force majeure (natural disasters, pandemics, operational failures, supplier outages, etc.), and if the force majeure situation lasts longer than 10 days, both we and you are entitled to withdraw from the Contract.
10.5. The Terms include a sample complaint form and a sample withdrawal form.
10.6. The Contract, including the Terms, is archived in electronic form by Us but is not accessible to You. However, you will always receive these Terms and a confirmation of your Order with a summary of the Order by email, so you will always have access to the Contract without Our involvement. We recommend that you save the Order confirmation and the Terms.
These Terms become effective on March 1, 2025